In a perfect world, a process server would always hand legal documents directly to the person named in the lawsuit. We call this personal service. However, what happens if that person is never home or actively avoids the server? For these situations, Louisiana law provides an alternative method: substitute service of process.
This guide will explain what substitute service is, the strict rules that govern it in Louisiana, and why it is a crucial tool for a successful legal outcome.
Key Takeaways
- First, substitute service (also called domiciliary service in Louisiana) allows a process server to leave legal documents with another person at the defendant’s home.
- In addition, the person who receives the papers must be of “suitable age and discretion” and must also live at the same address.
- Furthermore, this method is a legally valid form of service and allows a case to proceed even if the defendant never touches the papers.
- Ultimately, a server must perform all substitute service in strict compliance with the Louisiana Code of Civil Procedure.
Domiciliary Service: The Louisiana Rule
In Louisiana, the legal term for substitute service is domiciliary service. In fact, the law makes the rules very clear. A process server can achieve valid service by leaving the documents at the defendant’s home with a person of “suitable age and discretion” who also lives there.
Let’s break that down:
- “Dwelling house or usual place of abode”: This means the person’s home, not their workplace.
- “Suitable age and discretion”: This means the person must be old enough and mature enough to understand the documents’ importance.
- “Who resides there”: The server, for instance, cannot simply leave the papers with a visiting friend. Instead, the recipient must also live at that address.
Why is Substitute Service So Important? ⚖️
Substitute service provides the legal system’s answer to a common problem. Specifically, it prevents a defendant from stopping a lawsuit simply by refusing to answer their door. It ensures that a diligent plaintiff can still provide legal notice and move their case forward.
If a process server has legally performed domiciliary service, the law considers the defendant served. As a result, this allows the clock to start on their deadline to respond to the lawsuit.
The Professional Advantage ✅
A server must have a high level of professionalism to perform substitute service. An amateur can easily make a mistake that invalidates the service. Therefore, we train a professional process server from Lafayette Process Servers LLC (operating as Baton Rouge Process Servers) to:
- First, verify the address to confirm it is the correct “usual place of abode.”
- Next, ask the right questions to confirm the person they are speaking with actually lives there.
- Also, assess if the recipient meets the “suitable age and discretion” standard.
- Finally, provide a flawless Affidavit that creates an ironclad record for the court.
Frequently Asked Questions (FAQ)
- Q: Can you use substitute service at a business?
- A: Yes, but the rules are different. Generally, for a corporation, a server makes service on its registered agent.
- Q: Is leaving papers in a mailbox or on a porch substitute service?
- A: Absolutely not. People often call this “sewer service,” and it is illegal and invalid. The server must hand the documents to a qualified person.
- Q: What happens if the person lies about their name or that they live there?
- A: Our professional servers are trained to ask questions to verify information. Moreover, our use of body cameras can provide video evidence that protects the integrity of the serve.
Your Partner for Compliant Service in Baton Rouge
Don’t risk your case with improper service. Trust the experts at Lafayette Process Servers LLC to handle your substitute service needs with the care your case deserves.
Contact us today to get your documents served correctly.
⚠️ Disclaimer
This page provides general information and is not a substitute for legal advice. Please consult with a qualified Louisiana attorney for advice regarding your specific legal case.
📚 Sources & Further Reading
- Louisiana Code of Civil Procedure, Art. 1234 (Domiciliary Service): The state law explaining how substitute service can be made at a home. Link to the Louisiana Legislature
- Cornell Law School Legal Information Institute: “Substituted Service”: A general legal definition. Link to LII Cornell
- Lafayette Process Servers LLC (serving Baton Rouge): Your expert partner for service of process. Link to Baton Rouge Process Servers
About the Author
Scott Frank is the founder of Lafayette Process Servers LLC with over 20 years of experience in Louisiana legal support. He is an expert in the rules of service of process, including personal and domiciliary service.
